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Private Housing (Tenancies) (Scotland) Act 2016
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Private Housing (Tenancies)
(Scotland) Act 2016, Section 43W is up to date with all changes known to be in force on or before 08 May 2026. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Changes and effects yet to be applied to Section 43W:
- s. 25(1)(a) words in s. 25(1) renumbered s. 25(1)(a) by 2025 asp 13 s. 25(2)(b)
- s. 25(1)(b) and word inserted by 2025 asp 13 s. 25(2)(c)
- s. 29(1)(a) words in s. 29(1) renumbered s. 29(1)(a) by 2025 asp 13 s. 25(3)(b)
- s. 29(1)(b) and word inserted by 2025 asp 13 s. 25(3)(c)
- s. 34(1)(c) and word inserted by 2025 asp 13 s. 25(4)(c)
- s. 48(3A)-(3D) inserted by 2025 asp 13 s. 44(2)(c)
- s. 49(4A) inserted by 2025 asp 13 s. 44(4)(c)
- s. 51A inserted by 2025 asp 13 s. 28(2)
- s. 59(1A)(1B) inserted by 2025 asp 13 s. 34(2)(b)
- s. 59(5) inserted by 2025 asp 13 s. 34(2)(e)
- Sch. 5 para. 6 and cross-heading inserted by 2025 asp 13 s. 51(2)
Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 25(1)(a) words in s. 25(1) renumbered s. 25(1)(a) by 2025 asp 13 s. 25(2)(b)
- s. 25(1)(b) and word inserted by 2025 asp 13 s. 25(2)(c)
- s. 29(1)(a) words in s. 29(1) renumbered s. 29(1)(a) by 2025 asp 13 s. 25(3)(b)
- s. 29(1)(b) and word inserted by 2025 asp 13 s. 25(3)(c)
- s. 34(1)(c) and word inserted by 2025 asp 13 s. 25(4)(c)
- s. 48(3A)-(3D) inserted by 2025 asp 13 s. 44(2)(c)
- s. 49(4A) inserted by 2025 asp 13 s. 44(4)(c)
- s. 51A inserted by 2025 asp 13 s. 28(2)
- s. 59(1A)(1B) inserted by 2025 asp 13 s. 34(2)(b)
- s. 59(5) inserted by 2025 asp 13 s. 34(2)(e)
- Sch. 5 para. 6 and cross-heading inserted by 2025 asp 13 s. 51(2)
[F143WPower of First-tier Tribunal to require landlords to pay penalty or compensationS
This section has no associated Explanatory Notes
(1)The Scottish Ministers may by regulations make provision for or in connection with the conferral of powers for the First-tier Tribunal to make an order requiring a landlord to whom subsection (2) applies to pay—
(a)a financial penalty, or
(b)a compensation payment to the tenant in question.
(2)This subsection applies to a landlord against whom any of the following orders has been made—
(a)an order of a rent officer made under section 43O(3),
(b)an order of a rent officer made under section 43R(3),
(c)an order of the First-tier Tribunal under section 43T(2)(a),
(d)an order of the First-tier Tribunal under section 43T(4)(a).
(3)Regulations under subsection (1) may, in particular, make provision for or in connection with—
(a)the maximum amount (not exceeding £1,000) of a financial penalty or a compensation payment that may be imposed by the First-tier Tribunal by virtue of subsection (1),
(b)the person to whom any financial penalty is payable,
(c)matters to be taken into account by the First-tier Tribunal in determining the amount of a financial penalty or compensation payment imposed by the First-tier Tribunal,
(d)the arrangements for payment of a financial penalty or compensation payment,
(e)appeals against the imposition, or the amount, of a financial penalty or compensation payment,
(f)enforcement relating to the payment of any financial penalty or compensation payment imposed by an order of the First-tier Tribunal.
(4)Before laying a draft of a Scottish statutory instrument containing regulations under subsection (1) before the Scottish Parliament, the Scottish Ministers—
(a)must consult persons who appear to them to represent the interests of tenants and landlords, and
(b)may consult any other person they consider appropriate.
(5)The requirement to consult under subsection (4)(a) may be met by consultation carried out before this section takes effect.]
Textual Amendments
F1Pt. 4A inserted (1.4.2026) by Housing (Scotland) Act 2025 (asp 13), ss. 23(4), 86(2); S.S.I. 2026/115, reg. 2(1)(5), sch. Pt. 1
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